These General Terms and Conditions of Business (“GTC”) relate to product sales and online pre-order programes of Polarmond AG (“Polarmond”), which was launched on September 23, 2016. They are applicable in particular to all purchases by a customer (“Customer”) and shall govern all contracts concluded online on www.polarmond.com or www.polarmond.ch (“Online Shop”). All supplies, services and offers of Polarmond shall be effected or issued exclusively on the basis of these GTC, even if the Customer expressly intends otherwise or requests the application of its own terms and conditions of business.
By ordering goods from the Online Shop, the Customer expressly agrees to the GTC of Polarmond.
2 GENERAL ISSUES AND LANGUAGE
These GTC may only be set aside by an express written agreement. The languages available for agreements are German and English.
The products in the Online Shop shall be sold exclusively in line with the relevant specified finishes, specifications and recommendations. The products are liable to be subject to technical changes to reflect technical progress and alterations to the form, color and weight.
Polarmond shall endeavor to reproduce the products shown in the Online Shop in a manner that is true to the original, in particular in relation to their colors. However, Polarmond is unable to guarantee that the computer/screen of the Customer displays the products in a manner that is true to the original.
4 PRICES AND PAYMENT
Sales of online products shall be concluded at the prices stated and shall be subject to the expected delivery periods at the time of the order by the Customer.
Payment for Customers with delivery address in Switzerland or Liechtenstein:
Products must be paid for in Swiss francs (CHF). All prices stated include value added tax and transport costs.
Payment for Customers with delivery address in the EU and the EEA (excluding Liechtenstein):
Products must be paid for in euros (EUR). All prices stated include sales tax, transportation and customs clearance costs.
Payment for Customers with delivery address in the USA or Canada:
Products must be paid for in US dollars (USD). All prices stated include sales tax, transportation and customs clearance costs.
The terms applicable to shipments to other countries will be made known upon request.
5 RIGHT OF REVOCATION
The Customer has the right to withdraw from the contract (purchase). The cooling-off period ends 14 days after receipt of the products. Revocation must under all circumstances be intimated in writing to firstname.lastname@example.org. In the event that the goods ordered have not been shipped prior to receipt of the revocation by Polarmond, the purchase price shall be reimbursed within 14 days of receipt of the order confirmation.
In the event that the goods ordered have already been shipped prior to receipt of the revocation, revocation must be intimated in writing to email@example.com the goods received must be returned. The cost and risk of the return shipment shall be borne by the Customer. If the goods have already been delivered, the purchase price shall be reimbursed following their return within 14 days of receipt by Polarmond.
Items that have already been used or that are incomplete (including accessories and operating instructions), dirty, damaged or not in a suitable condition for resale shall be excluded from the right of revocation. However, Polarmond may nevertheless take back such articles at its discretion and reimburse a reduced amount of the purchase price.
6 LIMITATION OF LIABILITY
The contractual and non-contractual liability of Polarmond shall be limited to damage resulting from willful conduct or gross negligence. Polarmond shall bear no liability for damage caused to the product or the user arising as a result of evidently incorrect usage of the product by the user. In addition, Polarmond shall bear no liability for indirect damage, including in particular loss of profit.
7 GUARANTEE AND REPAIRS
Polarmond manufactures qualitatively high-value products. This relates to the materials used as well as the workmanship. All of our products are protected by a 2-year guarantee against defective production or materials. The 2-year period shall commence upon delivery of the goods to the Customer.
NB: the guarantee does not cover damage arising as a result of natural wear and tear, UV radiation, deficient care for the product, improper handling, carelessness or force majeure.
Polarmond supplies a repair kit along with each product. This means that you can carry out simple repairs yourself.
The cost of repairs not falling under the guarantee shall be borne by the Customer. In such an eventuality, the Customer will be contacted prior to the start of the repair. Polarmond will henceforth work with authorized repair workshops, which are able to carry out repairs in a professional manner. The repair workshop reserves the right to refuse to accept defective products if they have not been cleaned and dried.
The cost of shipping goods for repair shall be borne by the Customer where the repairs are not covered by the guarantee.
8 DATA PROTECTION
Polarmond undertakes to abide by Swiss data protection legislation.
The Customer consents to the processing by Polarmond of such personal data that may be required by Polarmond in order to process orders, repairs, claims under guarantee and to provide other services in addition to customer care. Customer data and all information relating to sales and orders shall be treated in confidence. Customer data shall not be disclosed to third parties for advertising purposes.
9 COPYRIGHT AND REPORT IN THE EVENT OF A BREACH
The entire online presence of Polarmond at www.polarmond.com and www.polarmond.ch, including all sub-pages and content of any type, is protected by copyright. Content may not be used for commercial purposes or otherwise exploited without the prior written approval of Polarmond.
The website contains links to third party websites, over the content of which Polarmond does not have any influence. Links to third party websites featuring illegal content will be removed promptly by Polarmond; such content may be reported to firstname.lastname@example.org.
10 ORDERS IN THE ONLINE SHOP
10.1 Availability and misuse
Polarmond does not accept any liability for constant and uninterrupted availability and/or for technical disruptions to the Online Shop. The Customer shall choose a user name and personal password for the customer account in the Online Shop. The Customer undertakes to treat both in confidence. Polarmond shall bear no liability for the misuse of the customer account and the resulting losses.
10.2 Conclusion of contract
The Customer, who must have legal capacity, shall place the goods selected in a virtual basket, which must be checked and corrected where appropriate prior to placing the binding order. After confirming “read and understood GTC”, a binding contract shall be concluded by clicking “order”. The order shall be saved by Polarmond along with the GTC valid at the time the contract was concluded. The currently applicable GTC may be consulted and downloaded at any time at www.polarmond.com and www.polarmond.ch.
10.3 Terms of delivery and dispatch
Polarmond shall be entitled to make partial deliveries and to effect partial performance. The additional costs arising in relation to separate shipments shall be borne by Polarmond.
In the event that the goods cannot be delivered within the delivery period agreed upon in the contract of sale owing to force majeure or the discontinuation of production or that Polarmond is unable to produce the products ordered under reasonable terms, where such circumstances only come to light after conclusion of the contract and are beyond the control of Polarmond, Polarmond shall be released from the duty to deliver. In the event of any occurrences that render delivery significantly more difficult or impossible for Polarmond, including for example strikes, lock-outs, governmental directives or similar matters, Polarmond shall bear no liability for delays, even if binding periods and time limits have been agreed upon. Polarmond shall inform the Customer of any delivery delays as far as possible.
10.4 Damage caused during transit and product defects
Benefit and risk shall transfer to the Customer upon delivery of the goods by Polarmond at the delivery location.
The Customer must examine the integrity of all shipments immediately after arrival and report any defects to Polarmond within two days of receipt. If the package has been damaged or repaired with tape by the transport company, the Customer must claim for the damage immediately with the forwarder and request a written confirmation of the claim. In the event that the Customer fails to do so, the shipment shall be deemed to have been approved. In the event of doubt, acceptance of the package should be refused and contact established with Polarmond.
Polarmond shall bear no liability for losses arising as a result of the acceptance of packages by third parties. The Customer shall ensure that each shipment can only be accepted by authorized persons.
11 AMENDEMENT OF THE GTC
Polarmond reserves the right to amend and/or supplement the GTC at any time. The valid version may be downloaded at any time from www.polarmond.com and www.polarmond.ch. Each order shall be governed by the GTC that are valid at the time of the order.
The full or partial invalidity or inefficacy of any individual terms of these GTC shall not affect the enforceability of the remaining terms or parts of such terms. Any invalid or unenforceable terms shall be replaced by terms with the closest possible legal or economic effect. The same procedure shall be followed should these GTC contain any gaps.
13 JURISDICTION AND APPLICABLE LAW
All disputes arising out of or in relation to these GTC or other contractual relations between the Customer and Polarmond shall fall under the exclusive jurisdiction of the ordinary courts at the registered office of Polarmond. In addition, Polarmond may also initiate action against the Customer at his or her place of residence.
These GTC and all legal relations between the Customer and Polarmond shall be governed by Swiss law to the exclusion of the conflict of law rules contained in the Swiss Federal Act on Private International Law (IPLA) and to the exclusion of applicable international treaties such as e.g. the United Nations Convention on Contracts of International Sale of Goods of April 11, 1980 (CISG).
Wil, September 23, 2016