GENERAL TERMS AND CONDITIONS
All deliveries from the DEUTER Online Shop to customers (hereinafter referred to as “Customer”) shall be governed exclusively by these General Terms and Conditions, in the version valid at the time the order is placed.
The Customer is a private consumer (Verbraucher) if he/she is an individual who enters into a legal transaction for purposes that cannot be predominantly attributed to the Customer’s commercial or independent professional activity.
On the other hand, a businessperson (Unternehmer) is any individual or legal entity who enters into the contract as part of the conduct of his/her commercial or independent business activity.
Deliveries from the Deuter Online Shop can be made within Switzerland and Liechtenstein.
2. Contractual partners, customer service
The purchase contract is concluded with Sportco AG, Worblentalstrasse 28, 3063 Ittigen (hereinafter “DEUTER CH”). Sportco AG represents the DEUTER brand in Switzerland.
If you have questions, complaints and claims you can reach Sportco’s Customer Service from 8am to 12pm and 1pm to 5pm Monday to Thursday / until 4pm Friday by phone: +41 (0) 31 924 15 15, and by email at email@example.com.
3. Differing conditions
Any terms and conditions of the Customer that differ from these General Terms and Conditions shall not be recognized unless DEUTER CH expressly agrees to their validity in writing.
4. Offer and conclusion of contract, order process
The Customer can select from the DEUTER range of backpacks, bags, sleeping bags and other products.
The Customer places products he/she wishes to order in a "cart" using the “Add to cart” button. The products can be removed from the shopping cart at any time by clicking the “Remove product” button. The selected products can be purchased by clicking the “Proceed to checkout” button. The Customer places a binding order for the items in the cart by clicking the “Buy now” button.
The Customer can view and change his/her entries at any time before the final submission of the order. Before the final submission of the order, all entries are also displayed again in a confirmation window, where they can also be corrected using the usual keyboard and mouse functions.
The order can only be issued and transmitted if the Customer has accepted the Terms and Conditions by checking the appropriate box and thereby made them the basis of the order. Prior to the submission of the order, the Customer will be informed about his/her right to retract the order, the availability of goods, delivery times and means of payment accepted.
Upon submission, receipt of the order will be immediately acknowledged by an automated
email (acknowledgment of receipt). The acknowledgment of receipt also includes confirmation of acceptance by DEUTER CH (order acknowledgment).
The purchase contract is formed by the submission of the confirmation of acceptance by DEUTER CH. Details of the Customer's order are repeated in the order confirmation.
DEUTER CH reserves the right to withdraw from the purchase contract in the event that a consumer is actually trading as a commercial entity or as an independent business. In this regard, DEUTER reserves the right to verify the information provided by customers if the size of the order exceeds normal quantities for a single household.
An attachment to the order confirmation presents these General Terms and Conditions as well as the provisions of data privacy law. DEUTER CH stores the order acknowledgment. The Customer can print out the order acknowledgment as well as the Terms and Conditions at any time using the ”Print” function.
The content and scope of the contract are governed by the order acknowledgment. Additional agreements, amendments, additions, etc. require a separate acknowledgment which will be sent with a separate email.
5. Prices and terms of payment
All prices quoted include value added tax at the current statutory rate.
Shipping Switzerland/Liechtenstein: Shipping costs CHF 9.50, free shipping on orders totaling CHF 30.00 and up.
The purchase price and shipping costs are again clearly indicated to the Customer on the order form, in the order acknowledgment and in the invoice.
The Customer can choose between the following payment methods offered during the ordering process: payment by credit card (VISA & Master Card are accepted) and PayPal.
For the following payment methods: credit card and PayPal, payment of the purchase price, including shipping costs, is due upon conclusion of the contract.
Offsetting by the Customer is permitted only if his/her claim is undisputed or has been judicially upheld.
Invoicing shall be done exclusively by electronic means upon confirmation of shipment. The Customer can print out the invoice at any time using the “Print” function.
6. Deliveries, transfer of risk
Delivery is available only in Switzerland and Liechtenstein. The goods will be shipped via the Swiss Postal Service (Schweizerische Post). Items may not be picked up at DEUTER CH.
DEUTER CH bears the shipping risk for goods ordered if the Customer is a consumer. If the Customer is a business, the Customer bears the shipping risk.
Items are normally shipped within one to three business days (i.e., Monday through Friday, excluding holidays) after the order acknowledgment is sent. Information on delivery times does not represent binding or guaranteed shipping or delivery dates. The transfer of risk occurs when the items are delivered to the delivery address specified by the Customer.
If the product is not available at the time of the order, DEUTER CH shall so notify the Customer before the order is placed. The Customer has the option of being notified by email of the availability of the goods.
If delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract. In this case, DEUTER is also entitled to withdraw from the contract. DEUTER shall immediately refund any payments already made by the Customer.
7. Retention of title
DEUTER CH retains title to the goods until payment has been made in full.
8. Statutory warranty
In the case of contracts with consumers, the statutory warranty applies.
DEUTER CH assumes no responsibility for the options selected by the user, such as the selection of order quantity or product type.
DEUTER CH reserves the right to make changes for technical reasons to the goods ordered or delivered from the goods specified in the purchase order, in particular with regard to material and color.
There are no additional warranties unless expressly stated in the order acknowledgment for the respective product.
Claims for damages by the Customer are excluded, with the exception of claims for damages by the Customer on grounds of death or bodily injury or a breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by DEUTER CH, its legal representatives or vicarious agents. Material contractual obligations are deemed to be obligations, the fulfillment of which is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, DEUTER CH is liable only for foreseeable damage typical of this type of contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on bodily injury or death.
The restrictions also apply in favor of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
For contracts with consumers, the warranty period is two (2) years from receipt of the goods.
The provisions of the Product Liability Act (Produkthaftungsgesetz) remain unaffected.
9. Consumer's right of withdrawal
The consumer may withdraw from the contract within thirty days without giving any reason. The withdrawal period is thirty days from the day on which the consumer or a third party designated by him/her who is not the carrier has taken possession of the goods.
To exercise the right of withdrawal, the consumer must notify DEUTER CH of the decision to withdraw from the contract by means of an unequivocal statement (e.g. by letter, online form or email).
Notice of withdrawal must be addressed to:
Vertrieb Deuter Schweiz
Phone: +41 31 924 15 15.
The consumer may but is not required to use the enclosed withdrawal form for the notification. The attached withdrawal form or another unequivocal notification can also be provided and submitted electronically via the DEUTER CH website.
The consumer must ship the goods back or return them to DEUTER CH without undue delay and in any case not later than thirty days from the day on which the consumer has notified DEUTER CH of the withdrawal from this contract. The deadline is met if the consumer dispatches the goods before the expiration of a period of fourteen days.
The goods must be returned at DEUTER CH’s risk. The costs of the return shipment shall be paid by DEUTER CH.
To comply with the withdrawal period, it is sufficient if the notification of the exercise of the right of withdrawal is sent before the expiration of the withdrawal period.
In the event of a withdrawal from the contract, DEUTER CH shall refund to the consumer all amounts received by DEUTER CH, including shipping costs, without undue delay and no later than thirty days from the day on which DEUTER CH receives notification of withdrawal from this contract. The refund shall be made using the same means of payment the consumer used in the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees because of this refund. The refund may be withheld by DEUTER CH until the goods have been returned to DEUTER CH or until the consumer has provided proof that he/she has returned the goods, whichever occurs first
The consumer must pay for any loss in value of the goods only if this loss in value is due to handling that is not necessary to test the quality, characteristics and functioning of the goods.
Claims against DEUTER CH to which the Customer may be entitled arising from the business relationship may not be assigned to third parties.
11. Data processing notice
DEUTER CH collects the Customer's data in the context of the processing of contracts. DEUTER CH shall treat its customers' personal data confidentially in accordance with the provisions of data privacy law (in particular the GDPR, the Federal Data Protection Act and the Telemedia Act).
12. Final provisions
All legal relationships between DEUTER CH and the Customer are governed by substantive Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) is not applicable. The exclusive place of jurisdiction is Bern.
The European Commission provides a platform for online dispute resolution which you can access at https://ec.europa.eu/consumers/odr/. DEUTER CH prefers to resolve customer concerns directly and therefore does not participate in consumer arbitration proceedings. Please contact DEUTER CH directly if you have any questions or problems.
If any of the above provisions is or becomes legally invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provision(s) or of the contract shall not be affected thereby.
VERSION: May 2021