TERMS AND CONDITIONS SWITZERLAND
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General terms and conditions with customer information
Table of contents
-
scope
- Conclusion of contract
- Prices and payment terms
- Delivery and shipping conditions
- Delivery times
- Right of withdrawal
- Liability for defects
- Applicable law, place of jurisdiction
- Copyright
1) Scope
1.1 These terms and conditions, represented by the managing director ("Ecommerce Flores Mora"), apply to all contracts that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods and/or services presented by the seller in his online shop . The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the 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 represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
2.3 The seller can 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 asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 The deadline for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 The German language is available for concluding the contract.
2.8 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address he provided to process the order 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) Prices and payment terms
3.1 The seller's stated prices include statutory VAT and other price components. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
all orders are shipped from China . For this reason You do not have to pay any customs duties or import taxes when ordering within the EU . However, such costs may arise outside the EU. ATTENTION: Other countries outside the EU - If customs duties are incurred, these will go 100% to the customs of the respective recipient country and must be borne by the customer. If you refuse to accept the package, the fees will still be charged. These will then be deducted from your credit in the event of a return by DHL.
3.2 Various payment options are available to the customer, which are specified in the seller's online shop.
3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
3.6 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is allowed to pay by credit card after checking their creditworthiness, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer order has been sent in the online shop. Even if the payment method of credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, for example regarding goods, delivery times, shipping, returns, complaints, declarations of cancellation and returns or credit notes.
3.7 If you select the payment method "PayPal", payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, which can be viewed at
https:// www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer has opened a PayPal account or already has such an account.
3.8If the price is reduced or discounted, the power bank will NOT BE DELIVERED.
4) Delivery and shipping conditions
4.1 Goods are delivered regularly via shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address provided by the customer with PayPal at the time of payment is decisive.
4.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping.
4.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are dispatched or handed over to the appointed transport person.
4.4 Self-collection is not possible for logistical reasons.
5) Delivery times.
Swiss law does not provide for a maximum deadline for deliveries. For this reason we currently do not have exact delivery dates available. Our delivery dates only apply once the goods have been handed in. Delivery usually takes between 3 to 5 days.
Mongeour strives to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are non-binding
6) Right of withdrawal
Swiss law does not provide for a withdrawal period or any other right of return for online trading after the order has been sent. For this reason, there is currently no right of withdrawal.
According to our policies, customers have the right to cancel their order within 24 hours of placing the order.
After this period of 24 hours from receipt of your order, cancellation is unfortunately no longer possible, unless the order cannot be delivered for reasons beyond our control.
7) Liability for defects
There is no statutory liability for defects.
8) Applicable law, place of jurisdiction
8.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on 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.
8.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or place of business.
9) Copyrights
The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. For the reproduction of all files, the written consent of the copyright holder must be obtained in advance.
Anyone who commits a copyright infringement without the consent of the respective rights holder may be liable to prosecution and possibly be liable for damages.
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