terms & conditions
§1 Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the
Golden Lifestyle CH GmbH, Chaltenbodenstrasse 26, 8834 Schindellegi, Switzerland, e-mail: [email protected]
represented by the managing director: Carina Holzapfel
Register court: Schindellegi, Ust-IdNr.: CHE-160.978.387
(hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online store.
1.2 The following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Vendor expressly agrees to their validity in writing.
1.3 The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§2 Conclusion of contract
2.1 The Customer can select products from the Provider’s range and collect them in a so-called shopping cart by clicking the button “add to shopping cart”. By clicking on the button “order with obligation to pay”, the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his application.
2.2 The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. As a rule, the automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent with a separate e-mail (order confirmation). With delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) is sent to the customer. The contract text will be stored in compliance with data protection.
2.3 You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail.
2.4 The offers are directed exclusively to end customers with an invoice and delivery address in:
Switzerland and Liechtenstein.
2.5 The customer must have reached the age of 18.
2.6 The contract shall be concluded in German, alternatively in English and French.
2.7 The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of ordered products within the scope of one order and to the placing of several orders of the same product, where the individual orders comprise a quantity customary in the household.
§3 Delivery, availability of goods
3.1 Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. On the website notes on the availability of products sold on Persn.ch are found (e.g. on the respective product detail page). We point out that all information on availability, shipping or delivery of a product are only prospective information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
3.2 Delivery times stated by us shall be calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). Unless a different delivery time is specified for the respective goods in our online store, it shall be 10-20 working days.
3.3 If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract shall not be concluded.
3.4 If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.
3.5 The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Switzerland, Liechtenstein.
3.6 Delivery is made depending on the payment method of the customer. In the case of advance payment, delivery shall be made after the payment order has been issued to the remitting credit institution. In case of payment by Paypal, credit card, gift card, TWINT, instant bank transfer or invoice, the delivery will be made after the conclusion of the contract.
3.7 If the customer’s order is sent in more than one package, it may happen that he receives a separate shipping confirmation for each package. In this case, with regard to each shipping confirmation, a separate purchase contract is concluded between the seller and the customer for the products listed in the respective shipping confirmation. The contractual partner is Golden Lifestyle CH GmbH. Notwithstanding the customer’s right of cancellation, they may cancel their order for a product free of charge at any time before the associated shipping confirmation is sent.
§4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§5 Prices and shipping costs
5.1 All prices listed on the website of the provider include the applicable statutory VAT for customers in Switzerland & Liechtenstein. For these two countries, shipping is free of charge.
5.2 The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
5.3 In the event of a revocation, the customer shall bear the direct costs of the return shipment.
5.4 Despite the best efforts, a small number of products in the catalog of the provider may be marked with the wrong price. These prices are checked when processing the order and before debiting the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, the customer will be contacted before the goods are shipped and asked if they would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price indicated by the Supplier, the lower amount will be charged and the product will be sent to the Customer.
§6 Payment methods
6.1 The Customer may make payment by PayPal, TWINT, credit card, Apple & Google Pay or on account (bob invoice). Payment on account is only possible for consumers over the age of 18. The delivery address, the home address and the billing address must be identical and located in the following countries: Switzerland, Liechtenstein.
Persn.ch reserves the right not to offer certain methods of payment in individual cases. 6.2 PAYMENT WITH INVOICE WITHIN 30 DAYS with our Partner swissbilling
swissbilling SA is a service provider, that allows you to receive your order with an invoice in a simple and secure way. The maximum order for the first purchase is CHF 1’000.00. The invoice is payable within 30 days. For security matters, shipping address and billing address must be identical. swissbilling keeps the right to have a credit check control done through it’s partner CRIF AG in Zurich (Tel.: 044 913 50 50, www.crif.ch). 6.3 The customer is not allowed to pay for the goods by sending cash or checks.
6.4 Should the customer choose an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
6.5 Should the Provider offer payment by credit card and the Customer choose this payment method, the Customer expressly authorizes the Provider to collect the amounts due after the shipment of partial deliveries or deliveries of goods.
6.6 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer shall already be in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
6.7 The Customer’s obligation to pay default interest shall not preclude the Provider from claiming further damages for default.
§ 7 Offsetting and right of retention
7.1 The Customer shall only have the right of set-off if the Customer’s counterclaim has been legally established or has not been disputed by the Vendor.
7.2 The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§8 Warranty for material defects, guarantee
8.1 The supplier is liable for material defects in accordance with the applicable statutory provisions. For consumers, the warranty period for goods delivered by the supplier is 24 months.
8.2 In the case of used goods, the warranty period may be shorter than two years.
8.3 If the customer is not a consumer, the limitation period shall be 12 months. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
8.4 An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
8.5 If the Customer receives the goods with obvious transport damages, the Provider shall request the Customer to complain about them as soon as possible.
8.6 Should the Customer fail to make a complaint, this shall have no consequences on the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
9.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
9.3 Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
9.4 The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them.
9.5 The limitations of liability resulting from paras. 1 and 2 shall not apply insofar as the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
9.6 As far as the liability of Golden Lifestyle CH GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§10 Cancellation policy
10.1 Consumers have in principle a legal right of withdrawal when concluding a distance selling transaction, about which the supplier informs in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) is a model withdrawal form.
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Golden Lifestyle CH GmbH
e-mail: [email protected]
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return center within the period defined below.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
10.2 Exclusion of the right of withdrawal
The right of revocation shall not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
10.3 The supplier informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
If you wish to revoke the contract, please fill out this form and return it to us.
and send it back.
Golden Lifestyle CH GmbH, Chaltenbodenstrasse 26, 8834 Schindellegi, Switzerland,
e-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
——— Ordered on (*)/received on (*)
——— Name of the consumer(s)
——— Address of the consumer(s)
——— Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable
§11 Data protection
11.1 If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
11.2 We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
11.3 Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
11.4 You have the right at any time to receive complete and free information from Golden Lifestyle CH GmbH about the data concerning you.
11.5 Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
12.4 We draw your attention to the fact that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
12.5 You can object to the storage of cookies, for this purpose a pop-up is available to which you can object/accept.
12.6 Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§13 Final provisions
13.1 Contract language is German or English.
13.2 We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Persn.ch only with the involvement of a parent or guardian.
13.3 If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion when you breach these Terms of Sale.
13.4 We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms and Conditions at any time. Your order will be subject to the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
13.5 The invalidity of any provision shall not affect the validity of the other provisions under the Contract. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.
13.6 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
13.7 The remaining parts of the contract shall remain binding even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
§ 14 Place of jurisdiction and applicable law
The contractual relationship between you and Golden Lifestyle CH GmbH is subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention). The place of jurisdiction for all disputes is Schindellegi.
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