The following General Terms and Conditions (GTC) apply to the use of this online shop, as well as the business relationships between Geschenkxy Sommerhalder and its customers, in the currently available and valid version when the website is accessed or when goods are ordered. The offer on this website is aimed exclusively at customers who are resident in Switzerland.
Any natural or legal person who maintains a business relationship with Geschenkxy Sommerhalder is referred to as a customer. The terms and conditions, the delivery and payment conditions as well as the data protection regulations can be adjusted from time to time. Geschenkxy Sommerhalder asks you to read these provisions carefully each time you visit the online shop and each time you order goods.
These terms and conditions apply exclusively. Conditions that conflict with, supplement or deviate from these General Terms and Conditions require the express written confirmation of Geschenkxy Sommerhalder in order to be valid. When using this online shop or when ordering goods, the customer confirms that they fully accept these General Terms and Conditions, including the terms of delivery and payment.
Should individual provisions of these General Terms and Conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected.
The operator of this online shop is Geschenkxy Sommerhalder (imprint).
2. Information on this website
The online shop of the Geschenkxy Sommerhalder contains information about products and services. We reserve the right to make price and assortment changes as well as technical changes. All information in this online shop (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Geschenkxy Sommerhalder makes every effort to ensure that all details and information in this online shop are correct, complete, up-to-date and clear, but Geschenkxy Sommerhalder cannot guarantee this, either expressly or tacitly.
All offers in this online shop are subject to change and are not to be understood as a binding offer.
Geschenkxy Sommerhalder cannot guarantee that the products listed are available at the time the order is placed. Therefore, all information on availability and delivery times is not guaranteed and can change at any time and without notice.
Unless otherwise stated, the price information in the online shop of Geschenkxy Sommerhalder includes the statutory value added tax, any early recycling fees (VRG) and copyright fees for electronic devices. The prices are in Swiss francs (CHF).
Unless otherwise provided, shipping costs are charged additionally and are to be paid by the customer. Shipping costs are shown separately in the ordering process. The shipping costs are calculated according to weight, size and dangerous goods.
We reserve the right to make technical changes, errors and misprints. The sales prices do not include any consulting and support services.
4. Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and/or services from Geschenkxy Sommerhalder. With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. The contract is concluded as soon as Geschenkxy Sommerhalder sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
Orders will only be delivered after full payment has been received (exception: delivery against invoice) and provided the goods are available. If, after the conclusion of the contract, the ordered goods cannot be delivered or cannot be delivered in full, Geschenkxy Sommerhalder is entitled to withdraw from the entire contract or part of it. If the customer's payment has already been received by Geschenkxy Sommerhalder, the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. In the event that the contract is terminated, Geschenkxy Sommerhalder is not obliged to make a replacement delivery.
5. Payment options and retention of title
The payment options specified in the ordering process are available to the customer.
The products delivered to the customer remain the property of Geschenkxy Sommerhalder until full payment has been made.
Purchase on invoice
After the order has been completed, the invoice will be sent to the company MF Group by e-mail via Powerpay.
You can either pay this in full or make a partial payment, in which case the remaining balance will be transferred to your monthly statement, which you will receive in the following month.
The terms and conditions for purchase on account can be found under the following link: Powerpay
6. Delivery, obligation to check, notification of defects and return
Deliveries are sent by post, courier service or courier to the address specified by the customer in the order. With the shipment, benefit and risk are transferred to the customer, insofar as this is legally permissible.
If the delivery is undeliverable or if the customer refuses to accept the delivery, then, following notification of a complaint by email to the customer and setting a reasonable deadline, Geschenkxy Sommerhalder can dissolve the contract and charge for the costs of the activities.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which the Geschenkxy Sommerhalder guarantees within 5 days (except food / hygiene products immediately after receipt), in writing by letter or email to the address in Imprint to make an advertisement.
Returns to Geschenkxy Sommerhalder are made at the expense and risk of the customer. The customer has to send the goods in their original packaging, complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given in the imprint by Geschenkxy Sommerhalder.
If the examination by Giftxy Sommerhalder shows that the goods have no detectable defects or that they do not fall under the manufacturer's guarantee, Geschenkxy Sommerhalder can charge the customer for the activities, the return shipment or any disposal.
7. Right of Withdrawal
The customer is granted a right of withdrawal for 10 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email (email@example.com) or letter (Geschenkxy Sommerhalder, Untermatteweg 8, CH-3236 Gampelen) to Geschenkxy Sommerhalder within the deadline. The revocation does not require justification.
Exercising the right of withdrawal leads to a reversal of the contract. The customer must return the goods within 5 calendar days in their original packaging, complete with all accessories and together with the delivery note to the return address given by Geschenkxy Sommerhalder in the imprint. Returns to Geschenkxy Sommerhalder are made at the expense and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, provided that the goods have already been returned or the customer can provide proof of postage.
Geschenkxy Sommerhalder reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the loss of value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
(i) When the contract has an element of chance, namely because the price is subject to fluctuations over which the Provider has no control.
(ii) If the contract relates to a moveable item which, due to its nature, is not suitable for return or which can spoil quickly;
(iii) If the contract relates to a movable item made to the consumer's specifications or clearly tailored to personal needs;
(iv) If the contract relates to digital content and this content is not made available on a hard disk or if the contract is to be performed in full by both parties immediately;
(v) If the contract relates to a service and the contract is to be fully performed by the provider with the prior express consent of the consumer before the cooling-off period has expired.
(vi) In the areas of accommodation, transportation, delivery of food and beverages and leisure activities, if the supplier agrees, when concluding the contract, to provide the services at a specific time or within a specified period of time.
Geschenkxy Sommerhalder endeavors to deliver goods of impeccable quality. If defects are reported in a timely manner, then during the manufacturer's guarantee, we guarantee that the item purchased by the customer is free of defects and that it is functional. It is at the discretion of the gift xy Sommerhalder to provide the warranty through free repair, equivalent replacement or refund of the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects attributable to external circumstances, are not covered by the warranty. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is waived.
It is not possible for Geschenkxy Sommerhalder to provide any assurances or guarantees that the data is up-to-date, complete or correct, or that the website, its functions, integrated hyperlinks and other content will be available at all times or without interruption. In particular, it is neither assured nor guaranteed that the use of the website will not infringe the rights of third parties that are not owned by Geschenkxy Sommerhalder.
9. Protection of minors when selling alcohol
Swiss law prohibits the sale of alcoholic beverages to young people under the age of 16. By placing the order, the customer confirms that the alcoholic beverage is not being used illegally and that he and the recipient are at least 16 years old.
10. Geschenkxy Sommerhalder gift vouchers
The Geschenkxy Sommerhalder gift vouchers are available via the online shop. Geschenkxy Sommerhalder gift vouchers are valid for 3 years after activation. A cash payment of the voucher or a partial amount is not possible. In the event of loss, theft or illegibility of the voucher, Geschenkxy Sommerhalder assumes no liability.
Geschenkxy Sommerhalder excludes any liability, regardless of its legal basis, as well as claims for damages against Geschenkxy Sommerhalder and any auxiliary persons and vicarious agents. In particular, Geschenkxy Sommerhalder is not liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage and pure financial loss of the customer. A further mandatory statutory liability remains reserved, for example for gross negligence or illegal intent.
Geschenkxy Sommerhalder only uses hyperlinks to make it easier for the customer to access other websites. Geschenkxy Sommerhalder can neither know the content of these websites in detail, nor assume liability or any other responsibility for the content of these websites.
Geschenkxy Sommerhalder may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the purchase contract and use it for marketing purposes. The data required to perform the service can also be passed on to commissioned service partners (logistics partners) or other third parties.
The other data protection regulations can be accessed under the following link: Data protection
13. Additional Provisions
Geschenkxy Sommerhalder expressly reserves the right to change these terms and conditions at any time and to put them into effect without prior notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law norms. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is Gampelen, unless the law provides for mandatory places of jurisdiction.
If you have any questions about these terms and conditions, please contact: Imprint
Version: April 14, 2017