General terms and conditions
1 Scope of application
The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the online shops www.alpenberry.ch and www.alpenberry.com (hereinafter individually referred to as “online shop”). Both online shops are operated by Alpenberry GmbH (Switzerland) (hereinafter “Alpenberry”). Alpenberry reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
The range of products and services available in the online shop (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein. Deliveries are made exclusively to addresses in Switzerland or Liechtenstein. Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
2 Product and Prices
Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding. Product information available through the online shop is compiled as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
All prices quoted are net, in Swiss Francs and includes value added tax (VAT). Alpenberry reserves the right to change prices at any time. The prices stated in the online shop at the time of order placement apply.
Any additional services subject to a fee, e.g. post and package are listed separately in the shopping cart and on the invoice.
3 Contract conclusion
A contract shall be deemed concluded as soon as an order has been placed by the customer in our online shop, at our store, by telephone or e-mail (hereinafter referred to as “contract”).
Customers are informed of their order placement by means of an order confirmation that is sent to the e-mail address provided by the customer. The receipt of the order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded under condition of deliverability and receipt of the full payment.
Alpenberry is committed to provide up-to-date and precise information on availability and delivery times in the online shop. However, production shortages in particular may cause delivery delays. Together with the order confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by Alpenberry is delayed, customers are entitled to withdraw from the contract as of the 20th (twentieth) calendar day from the originally scheduled delivery date. In such an event, Alpenberry will refund the customer the paid amount in full. No further claims towards Alpenberry apply.
5 Customer’s obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and integrity. The customer shall inform Alpenberry of any defects immediately after detection thereof and within 5 (five) calendar days after receipt of the delivery at the latest. The customer must retain the product in the condition it was delivered in and may not use it. The defected products will be exchanged and the costs of exchange shipment paid by Alpenberry.
6 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Alpenberry be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay (v) storage or use of products that is improper or unlawful (vi) force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by Alpenberry.
Payment must be made in Swiss Francs. We accept the following payment methods: online banking, transfer by bank or post, credit card, Visa, Mastercard, PostFinance, debit card and postcard. When paying by credit card, the card is debited at the time of order and the following fees (according to order value) are imposed:
- Mastercard and Visa: 2.3%
- PostFinance: CHF 6.– flat rate (excl. VAT)
Delivery is made only after receipt of the full payment.
All ordered products remain the property of Alpenberry until the payment is received in full.
8 Order change or cancellation
Order placement obliges the customer to accept the products and services. If the order has not been dispatched and the customer wishes to cancel the order, Alpenberry reserves the right to retain 5% administrative fee. The rest of the amount will be returned to the customer. Changes to the non-dispatched orders do not trigger any additional charges. If the order has already been dispatched, any changes to the order are treated as the new order.
9 Return of non-defect goods
The customer has the right to return the ordered products within 14 (fourteen) calendar days following their receipt. If the product has to defects, the customer shall pay the shipment costs to his delivery address and back to Alpenberry. The remaining balance less 5% administrative fee will be returned to the customer upon receipt of the goods – provided they were not opened and used. If the product has been opened, the customer has no general right for a refund.
10 Other conditions
10.1 Partial invalidity
Should individual terms of these GTC be invalid or void, the validity of the other provisions of these GTC shall not be affected.
10.2 Place of jurisdiction and applicable law
All legal relations between Alpenberry and their customers are subject to substantive Swiss law.