Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Liability for Defects
- Applicable Law, Place of Jurisdiction
1) Scope
1.1 These Terms and Conditions of Normrahmen AG (hereinafter "Seller") apply to all contracts that a consumer or business (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected, unless otherwise agreed.
1.2 A consumer in the sense of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur in the sense of these Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their independent professional or commercial activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after entering their personal data, by clicking the button concluding the ordering process, the Customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping basket.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after receipt of their order.
If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. If the Seller does not accept the Customer’s offer within the above period, this is considered as a rejection of the offer with the result that the Customer is no longer bound by their declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day the offer is sent.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after submission of their order together with the present Terms and Conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account by entering the corresponding login details, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.
2.6 Before submitting the binding order via the Seller’s online order form, the Customer may continually correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for conclusion of the contract.
2.8 Order processing and contact are made via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. Further details on the right of withdrawal can be found in the Seller’s cancellation policy.
4) Prices and Payment Terms
4.1 The prices stated by the Seller include statutory VAT and other price components. Any additionally incurred delivery and shipping costs will be indicated separately in the respective product description.
4.2 Various payment options are available to the Customer, which are specified in the Seller’s online shop.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5) Delivery and Shipping Terms
5.1 The delivery of goods is generally carried out by dispatch to the delivery address provided by the Customer. For the purposes of transaction processing, the delivery address specified in the Seller’s order processing is decisive. However, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If the shipping company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes with the handover of the goods for dispatch or handover to the commissioned transport person.
5.4 In the case of self-collection, the Seller first informs the Customer by email that the goods ordered by the Customer are ready for collection. After receipt of this email, the Customer can collect the goods by arrangement with the Seller. In this case, no shipping costs will be charged.
6) Liability for Defects
The statutory liability for defects applies.
7) Applicable Law, Place of Jurisdiction
7.1 If the Customer is acting as a consumer, Swiss law applies to all legal relationships of the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract is the Customer’s place of residence.
7.2 If the Customer is acting as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence or business of the Seller.
